Jaspreet Singh, j. - (1.) This first appeal from order has been preferred under Section 173 of the Motor Vehicles Act, 1998 being aggrieved against the judgment and award dated 24.05.2010 passed by the motor accident claims tribunal/Additional District Judge, Court No.7, Lucknow whereby the claim petition No.595 of 2008 (Smt. Suman and others Vs. Islam Ali) has been allowed and the tribunal has awarded a compensation of Rs.4,41,500/- alongwith interest @ 6% per annum from the date of filing of the claim petition.
(2.) Heard Sri Deepak Kumar Agarwal learned counsel for the appellant and Sri Saket Kumar Gupta learned counsel for the respondents.
(3.) It has been stated by the learned counsel for the appellant that the tribunal has erred in grant of compensation since it was alleged that the respondents were unable to establish the fact that the vehicle of the appellant was involved. The evidence has not been properly assessed and scrutinized by the tribunal; inasmuch as there were inconsistencies regarding the date of death and moreover the involvement of the vehicle of the appellant was not established and by ignoring material pieces of evidence, the tribunal has erred in allowing the claim petition and in granting the compensation.;